Introduction: The First Commandment

Purpose

For an upcoming posting commenting on U.S. Supreme Court cases that involve determining the meaning of words in the context in which they appear in the law, this will provide insight as to the type of reasoning involved.

There is a widespread misconception that judges engage in motivated, results-driven reasoning on the basis of partisan politics or ideological conviction. To the extent that occurs (after all, with the variety of cases that judges hear, it would be surprising for them to have opinions about everything), they have to first navigate a tough course of legal reasoning. This often starts right off the bat with deciding the meanings of positive law—the Constitution, statutes enacted by Congress, and regulatory measures that have the force of law. This often comes up when words and phrases are ambiguous or internally contradictory or conceivably completely non-sensical. If a case can be won at the start, when these questions may arise, because the resolution of the ambiguity likely favors one side or the other it is inevitable that it will be contested.

The First Commandment is not, as of this writing, the law of the land, and it would serve no purpose in contriving a hypothetical in which the court would have to treat the text as it treats words and phrases in the Constitution and in statutes. It might be thought that something so simple and direct would be immune from statutory construction.

Summary

I analyze the First Commandment from the 1611 version of the King James Bible Book of Exodus in the Old Testament from a legal interpretive perspective. I discusses principles of statutory construction and interpretation that courts use to determine the meaning of laws and how they apply.

As an illustration of the process of statutory construction, I apply this framework to examining the First Commandment—analyzing the text, context, and key words and phrases to construct the meaning. The analysis focuses on the monotheistic nature of the commandment, its prohibition of idolatry and false gods, the primacy and allegiance it establishes towards the God of Israel, the exclusive relationship implied, and the direct personal obligation it imposes.

This moot court example of construing the First Commandment emphasizes the unique, supreme position of the God of the Bible compared to any other gods or idols, reflecting core monotheistic principles in Judaism and Christianity as well as prohibiting the worship of other deities. It establishes this God as having priority in terms of devotion, trust and worship on a personal level.

Discussion

Short description of statutory construction

Statutory construction is the methods of accepted understanding of the meaning of laws in their immediate context before applying them to the particular facts and circumstances of a case in which the settled understanding of the law might or might not apply with greater or lesser force, which might better be termed interpretation. Statutory construction is a kind of “meta law.”

A fuller description of statutory construction

A more nuanced description, in the way it might be spoken of among lawyers, is that statutory construction refers to methods for establishing the intended meaning and scope of laws by analyzing their textual language in their immediate legal context. This meaning is then “constructed” from the text and context.

By contrast, statutory interpretation, which applies the constructed meaning to the facts of specific cases involves determining how forcefully and to what extent the settled meaning applies in a given case.

Statutory construction may also consider the legislative history and intent behind laws, not just immediate textual context, when necessary to resolve ambiguities. There can be debate around the constructed meaning of laws even after attempting statutory construction analysis. Some ambiguity may remain in particular statutes. Categorizing one process as construction and another as interpretation oversimplifies—in practice these blur together.

Limitation

Just as the discussion below does not reflect any actual process, it is not an exegesis for religious purposes.

Application to the First Commandment

Text

Thou shalt have no other god before me. Exodus 20:3

Context

This is the first of ten commandments presented to the people of Israel as the word of their god and intended to be the constitutional principles of their religion by reason of:

• Literary Context: The Ten Commandments are directly referred to as the "words which God spoke" to establish his covenant with Israel as a nation. They provide an authoritative foundation for this community's relationship with God.
• Legal Nature - Many scholars note the parallels of the Ten Commandments to legal/treaty documents of the ancient Near East. The commands establish basic mores and relationships expected under this deity. This is consistent with the covenant being claimed to subsist between the people of Israel and God.
• Priority and Primacy - As the first commandment presented, the directive to avoid other gods and respect Yahweh alone establishes the prime duty and allegiance God expects from Israelites above all else.
• Constitutional Role - The Ten Commandments taken together provide a concise but compelling ethical-religious constitution that Israel was intended to order its spiritual identity and society around.

In summary, the First Commandment is the head of founding constitutional principles given by God to Israel through Moses as part of their sacred covenant.

Thou

The use of “thou” here is referring to a single individual. If it was meant to be plural, the verse would have said “Ye shall have no other gods before me.”

In modern English the word “you” would be used for the singular and plural cases, but the directive here is clearly aimed not collectively, but personally by the choice of language in the original in terms of the usage at that time. So, it is not sufficient that an individual belong to a community that professes and enforces the Commandment, it is an obligation laid directly on the individual.

Shalt

Based on the context, the word “shalt” in Exodus 20:3 in the King James Version of the Bible is in the imperative mood. -0 00000 —The sentence is a commandment from God, directing the listener to not have other gods before Him. The use of “shalt” here is prescribing an action to be taken, rather than describing an action or making a statement of fact. This makes it imperative, rather than indicative. For usages of the verb to be as a tense of futurity, “shall be,” “will be” and, in a more passive sense “shall come to pass” are the expressions that occur.

So in this verse, “shalt” expresses an order or directive, indicating that the mood of the verb is imperative.

Have

The verb “have” is consistently held in the Old Testament in the sense of holding or possession. It is not found in the sense of to “contenance” or “tolerate” in others. That might be implied but the action of possession by the hearer is most prominent tenor and cannot be excluded by implication.

No

The word “no” comports exclusion, a narrowing of the possibility of choice to a singularity. It may import the sense that other choices are either available or asserted to be.

Other

Exodus 20:3 may originally have been intended as a command to worship Yahweh alone rather than other tribal/national gods, not necessarily as an overt claim to strict monotheism. God is often referred to as the “God of Israel” in the Old Testament, suggesting He was initially framed as a patron deity protecting the Israelites specifically. In the ancient Near East context, tribes and nations each had their own gods they revered. The command could have established Yahweh alone as the god of the Israelites, above any other tribal and family gods. There are references to the “gods” (plural) of other nations, suggesting the existence of other divine beings was recognized rather than denied.

The verse says no other gods should come “before me”— implying there could be other lower gods, but they should not supersede Yahweh in status or worship. The precedence sense of “before” implies an ordering and in a context that no other god exists would be unnecessary. Exodus 20:3 served to elevate Yahweh as the supreme god for the Israelites, without necessarily denying the existence of other gods for other tribes. Strict monotheism emerged later. This command was about loyalty to one god rather than polytheism or henotheism.

At the time of publication of the King James Version in 1611, doctrine of the Anglican church strongly inclined to the monotheistic view of the meaning of other gods. However, when a word or phrase in immediate context supports multiple possible meanings that are in conflict or overlapping externally to the text, no resource is needed to understand the phrase as it is expressed. Only intrinsic ambiguity on the face of the writing is relevant.

God (with a "g")

The term “god” in lowercase generally refers to a deity or divine being in a broader, more general sense, and it’s used across various religious and mythological contexts. Unlike the uppercase “God,” which is typically used in monotheistic traditions (like Judaism, Christianity, and Islam) to refer to the singular, supreme deity, the lowercase “god” can have different connotations:

• Polytheistic Religions : In religions with multiple deities, like Hinduism, ancient Greek, Roman, Norse, or Egyptian mythologies, “gods” and “goddesses” refer to the numerous divine beings with specific powers, roles, and attributes. Each god or goddess in these pantheons has a distinct identity and domain, such as the god of thunder, the goddess of wisdom, etc.
  Representative or Symbolic Figures : In some contexts, “god” can refer to a being that represents a particular concept, element, or force of nature, without necessarily implying the monotheistic concept of a supreme, all-powerful deity.
• Idols or Images : In certain religious practices, “god” might refer to an idol, statue, or other physical representation of a deity.
• Philosophical Concepts : In philosophical discussions, “god” can be used in a more abstract way, sometimes referring to an ultimate reality or a principle of the universe.
• Figurative Usage : The term can also be used metaphorically or in a literary sense. For example, referring to someone as “a god” in a particular field might mean they have supreme skill or authority in that area.

In summary, the lowercase “god” is a more generic and versatile term, used across various religious, mythological, and cultural contexts, often referring to deities within polytheistic systems or symbolic representations of divinity, as opposed to the singular, all-encompassing deity denoted by “God” in monotheistic faiths.

In terms of both the precedential meaning assigned to “before” or the monotheistic interpretation, “gods” here must stand in opposition to the ultimate author of the text, as understood throughout the Old Testament, to be the entity referred to next as me. That is, any entity that has or is claimed to have any of the attributes attributed to that entity is intended.

Before

The word “before” could be used in the sense of “in the presence of” or “in comparison/relation to” or “antecedent to.” However, in the context of establishing a predicate for the exclusion of any competing god, it must be understood as conveying the sense of not temporal order order but precedence. The temporal sense of “before” is less common in the Old Testament than in the sense of “in the presence of, “ such as “before the LORD.”

Me

In the Old Testament of the Bible, God is referred to by several names and titles, each reflecting different aspects of His nature and character. Some of the most prominent names and titles include:

• Yahweh (YHWH) : Often translated as “LORD” in English Bibles, this is considered the most sacred name of God in Judaism. It is sometimes vocalized as “Jehovah” in English. This name is traditionally thought to signify God’s eternal and self-existent nature.
• Elohim : This name is used in the context of God’s power and might. It is a plural form but is often used with singular verbs when referring to the God of Israel, which is a unique feature in Hebrew grammar.
• El Shaddai : Often translated as “God Almighty,” this name emphasizes God’s power and sovereignty.
• Adonai : Meaning “Lord” or “Master,” this title reflects authority and lordship.
• El Elyon : Translated as “Most High,” this name emphasizes God’s supremacy and sovereignty.
• El Olam : Meaning “Everlasting God,” it highlights God’s eternal nature.
• Jehovah-Jireh, Jehovah-Nissi, Jehovah-Shalom, etc. : These are compound names found in the Old Testament, combining “Jehovah” with terms that describe various aspects of God’s character and actions, such as “Jireh” (provider), “Nissi” (banner), and “Shalom” (peace).

These names are central to the theological and liturgical traditions of Judaism and Christianity, and they are treated with great reverence and respect. Each name reflects a different aspect of God’s nature as understood in these religious traditions.

Constructed meaning

The First Commandment in the Judeo-Christian tradition at the time that the King James Bible was promulgated is understood in terms of recognizing and affirming the singular supremacy and uniqueness of “God” (with an uppercase ‘G’), as opposed to any other “gods” (lowercase ‘g’). This commandment is found in the books of Exodus and Deuteronomy in the Bible, and it is traditionally worded as follows:

I am the Lord your God, who brought you out of Egypt, out of the land of slavery. You shall have no other gods before me. Exodus 20:2-3

This commandment has several several aspects requiring construction.

• Monotheistic Affirmation : Whether the First Commandment asserts the existence and supremacy of one God (Yahweh in the Jewish tradition, or Jehovah in some Christian translations). This is a declaration of monotheism, affirming that this God is the only true deity and rejecting the existence or worship of other deities.
• Prohibition of Idolatry : It prohibits the worship of “gods” in the lowercase sense—these could be deities of other religions, idols, or any created thing that is treated as divine. This includes not only physical idols but also conceptual idols—anything that takes the place of the supreme God in terms of devotion, trust, and worship.
• Priority and Allegiance : The phrase “before me” is a matter of priority and allegiance. It implies that no other god, entity, or concept should take precedence over or be revered more than the God of the Bible.
• Exclusive Relationship: The context of the commandment, especially in the Jewish tradition, speaks to the special covenantal relationship between God and the Israelites. It emphasizes that they are to worship exclusively the God who delivered them from Egypt.
• Direct Personal Obligation: The commandment applies directly to an individual adherents quite apart from affiliation with the group.

Conclusion

In summary, the First Commandment emphasizes the personal, unique, supreme position of “God” in contrast to any other “gods.” It is a foundational principle in both Judaism and Christianity, underlining the monotheistic nature of these faiths and prohibiting the worship or revering of other deities, idols or ideas.